Lahore High Court Rawalpindi Bench Justice Sadaqat Ali Khan, while questioning the indefinite detention of a former intelligence officer by the military authorities, asked for a detailed record of the action taken against the person facing espionage charges.
This query came out during the hearing of the petition filed by Saima Hassan, the wife of detained officer Hassan bin Aftab.
Saima Hasan, represented by her lawyer Inamul Rahim, has said in the petition that her husband, a retired army officer who served in the field for 27 years, returned home on September 19, 2023 after leaving for his regular activities. did not come.
She claimed that her husband has been detained under Official Secrets Act and Pakistan Army Act.
He said that in case of any alleged violation of the Official Secrets Act, the said Act provides a mechanism for arrest as well as trial of the offences, but Hassan bin Aftab has no meaningful access to his family and legal counsel. They have not been given and they have been detained illegally.
Justice Sadaqat Ali Khan inquired that when Hasan bin Aftab was detained?
Lawyer Inamul Rahim confirmed that Hasan bin Aftab was detained on September 19 and was not produced before a magistrate as per the law.
Justice Sadaqat Ali Khan inquired as to why military authorities cannot detain a suspect indefinitely.
Additional Attorney General Sajid Ilyas Bhatti defended the army’s actions, saying that Hasan Aftab was arrested as an army officer under the relevant provisions of the Pakistan Army and Official Secrets Act.
He told the court that Hasan Aftab has been produced before the concerned commanding officer and investigation is on.
Later, Justice Sadaqat Ali Khan asked for the details of the action against Hasan Aftab.
Ajad Ilyas Bhatti pointed out that the officer is being dealt with under Section 73 of the Act, which states that anyone accused of any offense can be taken into military custody.
Sub-section 2 of this section provides that any such person may be ordered to be taken into military custody by any superior officer.
The court later adjourned the hearing, with Justice Sadaqat Ali Khan saying that the court will examine the relevant legal provisions before deciding on the petition.
It may be noted that during his military career, Hasan Aftab served as the country’s main intelligence agency and consular at the Pakistani High Commission in London.
After retirement, he was associated with consulting firms specializing in security, counter-terrorism, strategic planning and government relations.
